Samsoondar v Capital Insurance Company Ltd (Trinidad and Tobago)

JurisdictionUK Non-devolved
CourtPrivy Council
Neutral Citation[2020] UKPC 33
Year2020

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36 cases
  • Axa Sun Life Plc v Commissioners of Inland Revenue
    • United Kingdom
    • Chancery Division
    • 26 April 2023
    ...Nor does it comply with the following guidance given by Lord Burrows at [18] of his judgment in Samsoondar v Capital Insurance Co Ltd [2020] UKPC 33 as to what needs to be done to plead a claim in restitution: It has now become conventional to recognise … that a claim in the law of unjust ......
  • Dargamo Holdings Ltd and Another v Avonwick Holdings Ltd and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 July 2021
    ...Sales Ltd [1989] 1 WLR 912. Roxborough v Rothmans of Pall Mall Australia Ltd [2001] HCA 68; 208 CLR 516. Samsoondar v Capital Insurance Co Ltd (Trinidad and Tobago) [2020] UKPC 33; [2021] 2 All ER 1105. School Facility Management Ltd v Governing Body of Christ the King College [2021] EWCA C......
  • The Motoring Organisation Ltd v Spectrum Insurance Services Ltd
    • United Kingdom
    • King's Bench Division (Commercial Court)
    • 9 February 2024
    ...requirements (1) to (3), the burden of proof is on the defendant to raise and prove a restitutionary defence (see Samsoondar v Capital Insurance Company Ltd [2020] UKPC 33, Lord Burrows at paragraph 18). Here, Spectrum did not plead or otherwise raise any restitutionary defence. Therefore, ......
  • Barton and Others v Morris and another in place of Gwyn–Jones (Deceased)
    • United Kingdom
    • Supreme Court
    • 25 January 2023
    ...Trust Companies v Revenue and Customs Comrs [2017] UKSC 29; [2018] AC 275, paras 24, 39–42; Samsoondar v Capital Insurance Ltd [2020] UKPC 33, [2021] 2 All ER 1105, paras 18–20; and Dargamo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1149, [2022] 1 All ER (Comm) 1244), paras 51......
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1 books & journal articles
  • MANN V PATERSON CONSTRUCTIONS PTY LTD: THE INTERSECTION OF DEBT, DAMAGES AND QUANTUM MERUIT.
    • Australia
    • Melbourne University Law Review Vol. 44 No. 2, December 2020
    • 1 December 2020
    ...Ltd (2014) 253 CLR 560, 594-6 [73]-[76], 596-7 [78] (Hayne, Crennan, Kiefel, Bell and Keane JJ). Cf Samsoondar v Capital Insurance Ltd [2020] UKPC 33 [18]-[19] (Lord Burrows). If the justification for non-contractual quantum meruit for a 'failure of basis' relates principally to the parties......